Monitoring breathalyzer

ABSTRACT

The monitoring breathalyzer has an alcohol sensor, a processing unit or processor, and a screen. The processing unit determines the accuracy of the breathalyzer using the user&#39;s body as a simulator. In monitoring mode, the processing unit receives a BAC measurement from the alcohol sensor based on the breath sample provided by the user at a sample time and determines a reference point from the BAC measurement. The sample time is determined based on a time to a predetermined calibration point from a drink start time.

RELATED APPLICATION

The present application is continuation of U.S. application Ser. No.14/696,393 filed Apr. 25, 2015, which is a continuation-in-part of U.S.application Ser. No. 13/919,887 filed Jun. 17, 2013, which is acontinuation-in-part of U.S. application Ser. No. 13/541,787 filed Jul.5, 2012, now U.S. Pat. No. 8,515,704, which is a continuation of U.S.application Ser. No. 13/426,455 filed Mar. 21, 2012, now U.S. Pat. No.8,224,608, which claims the benefit of U.S. Provisional Application Ser.No. 61/550,910 filed Oct. 24, 2011 and 61/563,706 filed Nov. 25, 2011,each of which is incorporated herein by reference in its entirety.

FIELD OF THE INVENTION

The claimed invention relates generally to a breathalyzer, morespecifically to a monitoring breathalyzer and an apparatus formonitoring the accuracy of the breathalyzer using the user's body as asimulator.

RELATED ART

The availability and accessibility of the breathalyzer for bothprofessional use (as in clinical, industrial, healthcare or workplacesettings) and personal use (as in the domain of general consumers) hasbeen expanding greatly. With this expansion and the necessity for allbreathalyzers to be periodically recalibrated has created manyinterruptions in the market. The breathalyzer currently must be mailedor delivered to select service center locations where calibration can bedone using a simulation system, making the breathalyzer unavailable tothe user during this calibration period, and increasingly overwhelmingthe service centers as the market grows. The claimed invention remediesthis situation by providing a method to monitor, calibrate (orrecalibrate) the breathalyzer that greatly reduces or even eliminatesthe time and cost involved in shipping and handling of breathalyzers andmaintenance of service centers, as well as the time and utility lost bythe end user.

A typical breathalyzer consists primarily of an alcohol sensorcomponent, processing unit (or CPU), and a display unit to show results.Typically, a breath alcohol sensor is calibrated to match selectcalibration points using standard specifications (controlled alcoholsolutions), and the processing unit (or CPU) determines BAC % (bloodalcohol concentration percentage) based on linear calculation using thecalibration points. Over time and usage (generally after several hundredtests and or after certain period of time passed), every breath alcoholsensor will require calibration as undesirable residue and foreignsubstances including, but not limited to, saliva, cigarette smokeresidue and food particles, change electrical value of the alcoholmolecule detected by the sensor. The current system of calibration (orre-calibration) of breathalyzers by service centers takes place when aconsumer or end user, with a breathalyzer in need of calibration,contacts a breathalyzer retailer. The retailer, in turn, directs the enduser to ship the breathalyzer to an appropriate service center location.Upon receiving the breathalyzer, the service center uses controlledalcohol solutions in order to calibrate the device according to standardspecifications. When this calibration is complete, the breathalyzer isshipped back to the end user. This procedure for calibration istime-consuming and costly in terms of shipping and handling of packages,labor hours and lost utility for the end user. There are currently over100 retailers (online and offline) and/or distributors sell breathalyzerunits to consumers and end users, whereas fewer than ten (10) servicecenter locations exist to perform traditional breathalyzer calibrations.Due to this discrepancy, the overall increase in sales of breathalyzerunits are overwhelming the service centers with requests for calibration(which are both necessary and periodic for each breathalyzer), causingever increasing delays in the processing and delivery of breathalyzers.Such time-consuming process to calibrate the breathalyzer has led tosome consumers/end users to delay calibrating their breathalyzers.Moreover, without a mechanism to monitor the accuracy of thebreathalyzer, the consumer/end user may not know when their breathalyzerrequires calibration.

Typically, the breathalyzer is calibrated using a simulator withstandard alcohol solution(s), or with a dry gas cylinder. Both methodsrequire special tool and standard solutions or gas to calibrate thebreathalyzer. Accordingly, the end users must send their breathalyzersto third-party service center for calibration of their breathalyzers orpurchase the special tools, e.g., a simulator to recalibrate thebreathalyzers themselves.

The traditional calibration system and procedure involves multipletransactions and/or communications among several entities. Typically anend user (general consumer, owner or operator of a breathalyzer)contacts the retailer from which the breathalyzer was purchased in orderto report that the breathalyzer is in need of calibration. Currently,the large majority of all breathalyzer retailers are unable to performcalibration themselves, so either the retailer accepts breathalyzersrequiring calibration from end users and ships them in bulk to abreathalyzer service center, or the retailer directs the end user toship the breathalyzer requiring calibration directly to the servicecenter. When the service center receives breathalyzers requiringcalibration, detailed records of receipts, shipments, customer andretailer (vendor) data must be kept and maintained in order to minimizeerrors in processing and shipping the calibrated breathalyzer. Further,any problems that may arise are complicated to resolve, as theseproblems involve several parties that are not current with the specificsituation of the end user (e.g. a single calibration may involve aretailer, distributor, service center and end user). With the multiplecommunications, transactions, record-keeping, processing and shippingthat may be involved with each calibration, a steady increase in delays,costs and other problems can be seen in the breathalyzer market, becausecalibrations are unavoidable and periodically necessary.

In order to alleviate the time and utility lost when sending abreathalyzer for calibration, some end users purchase multiplebreathalyzers so that at least one breathalyzer is available for usewhile one or more other devices are undergoing service for calibration.Some end users cannot afford the increase in budget in order toimplement this type of stopgap measure, so compromises are made eitherin terms of temporary suspension of breath alcohol tests or over-taxingbreathalyzer units beyond the point of necessary calibration (therebyallowing the breathalyzer to display increasingly inaccurate readings).In many cases, end users elect not to use breathalyzers altogetherprimarily due to the complications of calibration. Although absolutenecessity, the end user may not know when her breathalyzer requirescalibration. This is especially important in the workplace, clinical orother professional environments where both accuracy and continuousutility are required. There is no readily available, easy to use devicefor monitoring the accuracy of the breathalyzer.

Accordingly, the claimed invention proceeds upon the desirability ofproviding significant benefits for both the breathalyzer service centersand the end users by providing a monitoring breathalyzer and a devicefor monitoring the accuracy of the breathalyzer to determine when thebreathalyzer requires calibration.

OBJECTS AND SUMMARY OF THE INVENTION

Therefore, it is an object of the claimed invention to provide asignificantly improved replacement for the traditional method ofbreathalyzer calibration that supports market security by reducing oreliminating the time and utility lost by the end user and that alsoexpands the market by addressing the specific needs of industrial orclinical breathalyzer applications.

It is a further object of the claimed invention to provide a monitoringbreathalyzer which solves aforementioned problems with the currentbreathalyzer. The end user can utilize the monitoring breathalyzer todetermine if her breathalyzer requires calibration by monitoring itsaccuracy.

In accordance with an exemplary embodiment of the claimed invention, themonitoring breathalyzer comprises an alcohol sensor, a non-volatilememory, a processing unit or processor, a screen and a housing to housethese components. The alcohol sensor receives a breath air sample andmeasuring percent blood alcohol concentration (BAC %) based on analysisof the breath sample. The non-volatile memory stores calibration data ofthe alcohol sensor comprising one or more reference values within theBAC % range of the breathalyzer can analyze and display. The processingunit operates the breathalyzer in two modes. In themonitoring/calibration mode, the processing unit determines the accuracyof the breathalyzer using the user's body as a simulator by receiving aBAC % measurement from the alcohol sensor based on the breath sampleprovided by the user at the sample time to provide a reference point.The processing unit determines the sample time based on a user'smetabolism rate or based on a time to a predetermined calibration pointfrom a drink start time. The processing unit stores the reference point.In the operation mode, the processing unit provides a BAC % readingbased on the BAC % measurement by the alcohol sensor and the calibrationdata stored in the non-volatile memory. The processing unit displays theBAC % reading and other information for the user on the screen.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer alerts the user at apredetermined time before the sample time to provide the breath samplefor determining accuracy or calibrating the breathalyzer by an alarm,vibration, speaker, or a message on the screen.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid breathalyzer further comprises one or more buttons on thehousing to input information about the type and amount of alcoholconsumed by the user. The processing unit provides a list of alcoholtypes on the screen for selection by the user using the buttons andstores the selection of the user in the non-volatile memory.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer modifies the sample timeby a predetermined lag time for alcohol to be present in user'scirculatory system after alcohol consumption by the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer determines the metabolismrate of the user based on the maximum alcohol level and BAC %measurements of the user's breath samples over a predetermined period oftime.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer receives BAC % measurementfrom the alcohol sensor based on the breath sample provided by the userat a predetermined interval until a statistically significant number ofmeasurements are obtained to determine the metabolism rate of the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer alerts the user to providethe breath sample at the predetermined interval by an alarm or a messageon the screen.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid breathalyzer is one of the following: a portable breathalyzer,a coin-operated breathalyzer, a key-chain breathalyzer or a car ignitionbreathalyzer.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid breathalyzer further comprises a heating unit to warm up thealcohol sensor to a predetermined temperature.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid alcohol sensor of the breathalyzer detects changes inconductivity according to varying levels of alcohol concentration insaid breath sample.

In accordance with an exemplary embodiment of the claimed invention,apparatus for determining the accuracy of a breathalyzer using a user'sbody as a simulator comprises an input device, a processor, a memory anda screen. The input device receives information regarding a metabolismrate of the user, type and amount of alcohol consumed by the user, and adrinking start time. The processor determines a maximum alcohol levelfrom the type and amount of the alcohol consumed by the user,determining a sample time to receive a breath sample by the breathalyzerfrom the user based on a time to a predetermined calibration point fromthe drinking start time calculated using the metabolism rate of the userand the maximum alcohol level. The processor receives a BAC %measurement taken by the breathalyzer based on the breath sampleprovided by the user at the sample time to provide a reference value.The memory stores the reference value in the breathalyzer. The processordisplays the reference value to be inputted by the user into thebreathalyzer on the screen to provide a calibration data which is storedin the breathalyzer and used by the breathalyzer to provide BAC %reading to the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid apparatus is one of the following processor based device: apersonal digital assistant, a smart phone, a tablet, a laptop, apersonal computer, a GPS navigation system, a digital camera and othercomparable electronic device.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid apparatus further comprises a communications unit to provide awired or wireless communication with the breathalyzer. The aforesaidprocessor receives BAC % measurements from the breathalyzer via thecommunications unit.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid predetermined calibration point is at least one of thefollowing: blood alcohol concentration of 0.01 or 0.02.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid apparatus is one of the following: a portable breathalyzer, acoin-operated breathalyzer, a key-chain breathalyzer, or a car ignitionbreathalyzer.

In accordance with an exemplary embodiment of the claimed invention, aweb-enabled, processor based client device for determining accuracy of abreathalyzer is provided. A processor of the client device determinesaccuracy of the breathalyzer using a user's body as a simulator. Theprocess receives a sample time determined by a processor based webserver over a communications network. The sample time is determinedbased on a time to a predetermined calibration point from a drink starttime. The processor receives a percent blood alcohol concentration (BAC%) measurement taken by the breathalyzer based on the breath sampleprovided by the user at the sample time. The processor transmits the BAC% measurement to the web server over the communications network andreceives a reference point determined from the BAC % measurement by theweb server. The reference point is stored in a memory of the clientdevice. The reference point to be inputted by the user as a calibrationdata into the breathalyzer is displayed on the screen of the clientdevice.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processor receives the time to the predetermined calibrationpoint from the drinking start time determined by the web server based ona maximum alcohol level and a user's metabolism rate. The web serverdetermines the maximum alcohol level from a type and an amount ofalcohol consumed by the user, and determines the user's metabolism ratebased on the maximum alcohol level and BAC % measurement over apredetermined period of time.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processor alerts the user at a predetermined time before thesample time to provide the breath sample to the breathalyzer by an alarmor a message on the screen. The BAC % measurements of the breath samplesprovided to the breathalyzer by the user at a predetermined interval isinputted on the input device of the client device until a statisticallysignificant number of measurements are obtained to determine the user'smetabolism rate.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid client device further comprises a communications unit toprovide a wired or wireless communication with the breathalyzer. Theaforesaid processor receives BAC % measurements from the breathalyzervia the communications unit.

The traditional calibration system and procedure involves multipletransactions and/or communications among several entities. Typically anend user (general consumer, owner or operator of a breathalyzer)contacts the retailer from which the breathalyzer was purchased in orderto report that the breathalyzer is in need of calibration. Currently,the large majority of all breathalyzer retailers are unable to performcalibration themselves, so either the retailer accepts breathalyzersrequiring calibration from end users and ships them in bulk to abreathalyzer service center, or the retailer directs the end user toship the breathalyzer requiring calibration directly to the servicecenter. When the service center receives breathalyzers requiringcalibration, detailed records of receipts, shipments, customer andretailer (vendor) data must be kept and maintained in order to minimizeerrors in processing and shipping the calibrated breathalyzer. Further,any problems that may arise are complicated to resolve, as theseproblems involve several parties that are not current with the specificsituation of the end user (e.g. a single calibration may involve aretailer, distributor, service center and end user). With the multiplecommunications, transactions, record-keeping, processing and shippingthat may be involved with each calibration, a steady increase in delays,costs and other problems can be seen in the breathalyzer market, becausecalibrations are unavoidable and periodically necessary.

Various other objects, advantages and features of the present inventionwill become readily apparent from the ensuing detailed description, andthe novel features will be particularly pointed out in the appendedclaims.

BRIEF DESCRIPTION OF FIGURES

The following detailed descriptions, given by way of example, and notintended to limit the present invention solely thereto, will be best beunderstood in conjunction with the accompanying figures:

FIG. 1 is a diagram of a calibrating breathalyzer in accordance with anexemplary embodiment of the claimed invention;

FIG. 2 is a diagram illustrating the primary circuitry of the alcoholsensor and non-volatile memory of the breathalyzer in accordance with anexemplary embodiment of the claimed invention;

FIG. 3 is a diagram of a calibrating apparatus for calibrating astandard breathalyzer in accordance with an exemplary embodiment of theclaimed invention;

FIG. 4 is a diagram of a processor based device incorporating thecalibrating breathalyzer in accordance with an exemplary embodiment ofthe claimed invention; and

FIG. 5 is a diagram of a communication network incorporating a web-basedcalibrating apparatus in accordance with an exemplary embodiment of theclaimed invention.

DETAILED DESCRIPTION OF THE EMBODIMENTS

The Breath Alcohol Testing Device is also commonly called a“breathalyser” or a “breathalyzer” (hereinafter breathalyzer), andincludes both portable (PBT or Portable Breath Tester), stationary(coin-operated breathalyzer or similar) units, car engine immobilizingbreath alcohol tester, and alcohol tester installed on other electronicdevice, such as a cell phone, a tablet, a lap-top, a personal digitalassistant, a GPS navigation device, etc.

Turning now to FIG. 1, in accordance with an exemplary embodiment of theclaimed invention, the breathalyzer's processor, microcontroller,microprocessor, processing unit or signal processing unit 100(collectively referred to herein as the “processor” or “processingunit”) is connected to an alcohol sensor 200, a heating unit 210 and anon-volatile memory 220. As shown in FIG. 2, the sensor circuitry 11 ofthe alcohol sensor 200, a heating circuitry 13 of the heating unit 210and a memory circuitry 15 of the non-volatile memory 220 are on aprinted circuit board (PCB) 60 and connected to the CPU circuitry 30 ofthe processing unit 100. The non-volatile memory unit 220 can be EEPROM,flash drive, NAND and the like to store initial factory calibration datafor the alcohol sensor 200. The sensor circuitry 11 of the alcoholsensor 200 is operable to detect changes in conductivity according tovarying levels of alcohol concentration. The heating unit 210 isoperable to warm up the alcohol sensor 200 to a pre-determinedtemperature. The non-volatile memory unit 220 stores initial factorycalibration data, which is used by the breathalyzer's processor orprocessing unit 100 to recalibrate the breathalyzer 1000. The memorycircuitry 15 can include various pins, such as pin 7 labeled as “W/P,”which means “write-protect,” to prevent the non-volatile memory unit 220from losing the calibration data.

The sensor circuitry 11 comprises a variable resistor which variesdepending on how much alcohol is in the air near or in close proximityto the alcohol sensor 200. The more alcohol is in the air, the lower theresistance. That is, breathalyzer 1000 measures the alcohol in thebreath by measuring the resistance. Instead of measuring the resistance,the breath alcohol sensor 200 can measure the voltage level between thesensor circuitry 11 and the load resistor R1. The sensor circuitry 11and the load resistor essentially forms a voltage divider, and the lowerthe resistance of the sensor circuitry 11, the higher the sensor voltagereading. It is generally known that breath and blood alcohol contentdiffer by a factor of 2100. That is, for every mg of alcohol in thebreath, there are 2100 mg of alcohol in the blood. So BAC % (bloodalcohol content or concentration percentage) equals breath mg/L*0.21.Accordingly, the non-volatile memory 220 additionally stores sensorvoltage readings and resistance measurements of various predeterminedBAC % and breath mg/L.

Returning to FIG. 2, in accordance with an exemplary embodiment of theclaimed invention, the breathalyzer's processor or processing unit 100communicates with the sensor circuitry 11 through a pin 3 andcommunicates with the memory circuit 15 through pins 4 and 5 toretrieve, e.g., the calibration data from the non-volatile memory 220.

Typically, the user purchases the breathalyzer 1000 for work (e.g., apolice officer can use it for sobriety testing), clinical studies,personal use, etc. For example, under the U. S. Department ofTransportation (DOT) workplace testing program (see 49 CFR, Part 40),transportation employers are required to test employees working incertain safety sensitive positions for alcohol under certain conditions.The DOT workplace testing program requires that breath test instrumentmanufacturers provide employers with this Quality Assurance Plan, which,together with the operating instructions that are provided with theAlcolyzer and Alcolyzer Sensor Modules, will assist in assuring thatbreath testers are calibrated to the required degree of accuracy.

After many repeated uses, the breathalyzer generally requirescalibration due to electrical drifting of one or more components of thealcohol sensor 200 and/or other problems discussed herein. Typically,the breathalyzer 1000 requires calibration after being used for 200-2000times (varying depend on the type of alcohol sensor and other factorsnoted herein). For example, any device on the DOT's Conforming ProductsList (CPL) for calibrators can be used for calibration checks. At thefirst calibration point or calibrator at breath alcohol concentration0.05 (or blood alcohol concentration of 0.01), the breathalyzer shouldbe within +/−0.005 agreement. At the second calibration point orcalibrator at breath alcohol concentration 0.10 (or blood alcoholconcentration of 0.02), the breathalyzer should be within +/−0.005agreement. No negative result should occur when using a calibrator atbreath alcohol concentration 0.032. As noted herein, BAC % (bloodalcohol content or concentration percentage) equals breath mg/L*0.21. Inother words, the first calibration point of BrAC1 of Calibration PointInterval between calibration checks: 30 days or 100 tests, whichevercomes first. Interval between periodic inspection (visual check ofproperly working interface): 30 days. Interval between maintenance: 12months or 1000 tests, whichever comes first.

In accordance with an exemplary embodiment of the claimed invention, thealcohol sensor 200 or the processing unit 100 of the breathalyzer 1000can perform calibration tests periodically or upon request by theoperator (i.e., pressing a button 310 or using a pin hole 310 on thehousing of the breathalyzer) to monitor the accuracy of the alcoholsensor 200.

In accordance with an exemplary embodiment of the claimed invention,when the user initiates monitoring or calibration, the breathalyzer 1000enters a monitoring/calibration mode. In the monitoring/calibrationmode, the processor or processing unit 100 reads the initial factorycalibration data for the alcohol sensor 200 from the non-volatile memory220. The initial factory calibration data can include one or morepredetermined BAC's %, and corresponding sensor voltage measurements andresistance measurements. For each predetermined BAC %, the breathalyzer1000 applies the corresponding stored sensor voltage, and then measuresthe resistance. If the measured resistance is different from the storedresistance measurement for one or more predetermined BAC %'s, then theprocessor/processing unit 100 recalibrates the breathalyzer 1000 byadjusting the correspondence or relationship between the BAC %,resistance and the sensor voltage. Further, the processor/processingunit 100 replaces the stored resistance measurement in the non-volatilememory 220 with the measured resistance value. Alternatively, for eachpredetermined BAC %, the breathalyzer 1000 applies the correspondingstored resistance, and then measures the sensor voltage. If the measuredsensor voltage is different from the stored sensor voltage measurementfor one or more predetermined BAC's %, then the processor/processingunit 100 recalibrates the breathalyzer 1000 by adjusting thecorrespondence or relationship between the BAC %, the resistance, andthe sensor voltage. Further, the processor/processing unit 100 replacesthe stored sensor voltage measurement in the non-volatile memory 220with the measured sensor voltage value.

In accordance with an exemplary embodiment of the claimed invention, thebreathalyzer 1000 determines the change in the relationship between BAC%, resistance and sensor voltage. The breath alcohol sensor measurementis then recalibrated to account for this change in the relationshipbetween BAC % resistance and sensor voltage.

In accordance with an exemplary embodiment of the claimed invention, thebreathalyzer 1000 can be monitored and calibrated by the end userwithout requiring any special tools (e.g., simulator with eitherstandard alcohol solution(s) or dry gas) or without utilizing thirdparty services. The claimed breathalyzer 1000 essentially utilizes thehuman body as the simulator and operator's breadth air after consumptionof predetermined volume of alcohol (e.g., BAC %) as the standard alcoholsolution or dry gas, thereby enabling the user to monitor/calibrate herbreathalyzer at anytime without utilizing the current inefficient andcostly calibration process. As soon as one drinks alcohol, the alcoholmoves within the body through the circulatory system. As the body beginsto metabolize the alcohol based on the user's metabolism rate, thealcohol level in the body decreases gradually over time. The processor100 predicts or determines how long after the consumption of the alcohol(hereinafter the “elapsed time”), the user's breath will containapproximately one of the predetermined BACs % based on the user'smetabolism rate. It is appreciated that the required calibration pointscan be predetermined at the factory or established by the user beforeinitiating the self-calibration process. The claimed breathalyzer 1000can employ one or more calibration values or points, e.g., 0.005 BAC %,0.01 BAC %, etc. That is, the claimed invention proceeds upon thedesirability of utilizing the end user's or operator's body as asimulator or cylinder by recording and/or determining the period of timerequired to reach the predetermined calibration point(s) after consumingthe predetermined volume (and/or level) of alcohol.

In accordance with an exemplary embodiment of the claimed invention,after receiving the information regarding the type, amount and time ofthe alcohol consumed by the user, the processor 100 sets the timer tozero and alerts the user to provide a breath sample when the timer nearsthe elapsed time. The processor 100 stores the measured BAC % as areference value or a calibration data in the non-volatile memory 220 andprovides BAC % measurement during the normal operation mode based onlinear calculation using the stored reference point or calibration data.Details of BAC % calculation are set forth in a document issued by theDOR/NHTSA on October 1994, entitled “Computing of BAC Estimate,” whichis incorporated herein in its entirety. The processor 100 repeats thisprocess other predetermined BAC % or calibration points. For example, ifthere are two predetermined calibration points, then the processor 100determines the elapsed time 1 for the first calibration point and theelapsed time 2 for the second calibration point based on the user'smetabolism rate. The processor 100 sets the timer to zero and alerts theuser to provide a first breath sample when the timer nears the elapsedtime 1 and a second breath sample when the timer nears elapsed time 2.The processor 100 stores the measured BAC % at these two elapsed timesas reference points in the non-volatile memory 220 and provides BAC %measurement during the normal operation mode based on linear calculationusing the stored reference points. It is appreciated that the maximumBAC % for calibration must exceed the highest reference point.

Typically, the user purchases the breathalyzer for work (e.g., a policeofficer can use it for sobriety testing), clinical studies, personaluse, etc. After many repeated uses, the breathalyzer generally requirescalibration as discussed herein. When the standard breathalyzer requirescalibration, the user contacts the retailer and the retailer directs theuser to an appropriate service center. The user then ships the standardbreathalyzer to the service center for calibration. Upon receipt of thestandard breathalyzer, the service center calibrates the standardbreathalyzer, e.g., using the simulation system, and ships thecalibrated breathalyzer back to the user, thereby enabling the user usethe standard breathalyzer to calculate or measure BAC %.

In accordance with an exemplary embodiment of the claimed invention, thealcohol sensor 200 or the processing unit 100 of the breathalyzer 1000can perform calibration tests periodically, at the request of theoperator or user, to monitor the accuracy of the breathalyzer 1000, suchas once a month, once every three months, or after a predeterminednumber of measurements. In addition or alternatively, the alcohol sensor200 or the processing unit 100 of the breathalyzer 1000 can performcalibration test before each measurement.

In accordance with an exemplary embodiment of the claimed invention,after consuming predetermined volume and/or level of alcohol, the usercan operate the claimed breathalyzer 1000 in the monitoring/calibrationmode to initiate the calibration or determine the accuracy of thebreathalyzer 1000 using the user's body as a simulator. In themonitoring/calibration mode, the processor 100 determines the accuracyof the alcohol sensor 200 or self-calibrates the breathalyzer 1000utilizing the user's body as a simulator based on information receivedfrom the user. After consuming the alcohol, the user enters the type andamount of alcohol consumed, e.g., one 12 ounce bottle or can of beer (5%alcohol by volume), one 5 ounce glass of wine (12% alcohol by volume) orone 1.5 ounce shot of hard liquor (40% alcohol by volume), etc., intothe breathalyzer 100 using the buttons or pin holes 310. Preferably theuser selects the type of alcohol consumed from a list on the display orscreen 300 using the buttons/pin holes 310 and enters the amount, e.g.,two 12 ounce cans of beer, and how long ago (i.e., time elapsed betweenthe consumption of the alcohol and entry of such information into thebreathalyzer 1000). That is, the processor 100 displays a list ofalcohol types on the screen 300 and the user selects the type of alcoholconsumed using the buttons/pin holes 310. The processor 100 stores theuser's selection in the non-volatile memory 220, and requests the userto enter the number, volume or amount of the selected alcohol consumedby the user on the screen 300, which is also stored in the non-volatilememory 220. Further, the user enters the time when the user starteddrinking the selected alcohol or the start time into the breathalyzer1000 using the buttons 310. In accordance with an exemplary aspect ofthe claimed invention, the processor 100 determines the total drinkingtime in minutes. Since it takes time before alcohol circulates in theuser's blood after consumption, this lag time, which is generallyapproximately 5-10 minutes, is used to modify the start time. Theprocessor uses the modified start time to set timer to zero inmeasuring/calculating the elapsed time(s) for the calibration point(s).

In accordance with an exemplary embodiment of the claimed invention, theprocessor 100 calculates or receives the user's metabolism rate andstores it in the non-volatile memory 220, preferably, this is performedbefore the breathalyzer 1000 is used for the first time. After consumingthe alcohol, the user enters the type and amount of alcohol consumed,e.g., one 12 ounce bottle or can of beer (5% alcohol by volume), one 5ounce glass of wine (12% alcohol by volume) or one 1.5 ounce shot ofhard liquor (40% alcohol by volume), etc., into the breathalyzer 100using the buttons 310. Preferably the user selects the type of alcoholconsumed from a list on the screen 300 using the buttons 310 and entersthe amount, e.g., two 12 ounce cans of beer. That is, the processor 100displays a list of alcohol types on the screen 300 and the user selectsthe type of alcohol consumed using the buttons 310. The processor 100stores the user's selection in the non-volatile memory 220, and requeststhe user to enter the number, volume or amount of the selected alcoholconsumed by the user on the screen 300, which is also stored in thenon-volatile memory 220. As the body begins to metabolize the alcohol,the alcohol level in the body decreases gradually over time based on theuser's metabolism rate. The processor 100 can determine the maximumalcohol level from the type and amount of alcohol consumed by the user,e.g., two 12 ounce cans of beer or one 1.5 ounce shot of hard liquor,etc. After receiving the user's entry regarding the alcohol consumption,the processor 100 periodically, e.g., every five or ten minutes,requests the user to provide the breath samples until sufficient numberof measurements are obtained. It is appreciated that the range of BAC %measurements should be statistically significant to determine the user'smetabolism rate. The processor 100 can determine the user's metabolismrate based on the maximum alcohol level and the BAC % measurements. Thatis, since the decrease in user's BAC % measurements (i.e., percentalcohol in the user's blood) correlates with user's metabolism rate, theprocessor 100 can determine the user's metabolism rate from the changeand/or the rate of change in percent alcohol in the user's blood or BAC% measurements over time. It is appreciated that the processor 100 canemploy other known methodologies to determine the user metabolism rate,such as based on user's weight, gender, frequency of alcohol consumptionand personal variation.

After many repeated uses of the breathalyzer 100 to calculate or measureBAC %, the breathalyzer 1000 generally requires calibration as discussedherein. Typically, the breathalyzer 1000 requires calibration afterbeing used for 100-3000 times (varying depend on the factors notedherein). Alternatively, the alcohol sensor 200 or the processing unit100 of the breathalyzer 1000 can perform tests periodically or uponrequest by the operator (i.e., pressing a button on the housing of thebreathalyzer 1000) to monitor the accuracy of the alcohol sensor 200.The user can initiate monitoring or calibration by operating thebreathalyzer 1000 in the monitoring/calibration mode. As noted herein,after consuming the alcohol, the user enters the type and amount ofalcohol consumed, e.g., two 5 ounce glasses of wine or one 1.5 ounceshot of hard liquor, into the breathalyzer 100 using the buttons 310.Preferably the user selects the type of alcohol consumed from a list onthe screen 300 using the buttons 310 and enters the amount, e.g., two 12ounce cans of beer, and how long ago (i.e., time elapsed between theconsumption of the alcohol and entry of such information into thebreathalyzer 1000). That is, the processor 100 displays a list ofalcohol types on the screen 300 and the user selects the type of alcoholconsumed using the buttons 310. The processor 100 stores the user'sselection in the non-volatile memory 220, and requests the user to enterthe number, volume or amount of the selected alcohol consumed by theuser on the screen 300, which is also stored in the non-volatile memory220. Further, the user enters the time when the user started drinkingthe selected alcohol or the start time into the breathalyzer 1000 usingthe buttons 310. The processor 100 uses the start time modified by thelag time to set the timer to zero in measuring/calculating the elapsedtime(s) for the calibration point(s).

As the body begins to metabolize the alcohol based on the user'smetabolism rate, the alcohol level in the body decreases gradually overtime. BAC is highly related to the amount of alcohol consumed over time,but it is also influenced by other factors such as weight of thedrinker, alcohol tolerance of the drinker, etc. BAC is determined basedon a person's weight, gender, number of drinks consumed, and timeelapsed from the start of the alcoholic consumption. BAC calculationsare based on physiological facts that alcohol distributes itself in thetotal water of the body and it is primarily disposed by metabolism inthe liver. Alcohol concentration is defined in terms of the weight ofethanol (Ethyl alcohol) in volume of breath. In the United States, thetypical measure is grams of ethanol in 210 liters of breath.

Based on the information received from the user regarding the consumedalcohol, the processor 100 can determine the maximum alcohol level.Based on the user's stored metabolism rate and information received fromthe user regarding the consumed alcohol, the processor 100 can determinethe elapsed time before the user's breath will contain one of thecalibration points or predetermined BAC %. Alcohol is metabolized fromthe time that ingestion begins. It takes a few seconds for alcohol toreach the liver and for metabolism to commence after drinking. Theclaimed breathalyzer 1000 can employ one or more calibration points,e.g., 0.005 BAC %, 0.01 BAC %, etc. Preferably, the claimed breathalyzer1000 employs at least two calibration points: 0.05 BAC % and 0.10 BAC %.

In accordance with an exemplary embodiment of the claimed invention,after receiving the information regarding the type, amount and time ofthe alcohol consumed by the user, the processor 100 sets the timer tozero and alerts the user to provide a breath sample when the timer nearsthe elapsed time. The processor 100 stores the measured BAC % as a newreference point or calibration data in the non-volatile memory 220 andprovides BAC % measurement during the normal operation mode based onlinear calculation using the reference point(s) stored in thenon-volatile memory 220. Although one calibration point is used in thisexample, it is appreciated that more than calibration point can be usedto obtain multiple new reference points. The processor 100 provides BAC% measurement during the normal operation mode based on linearcalculation using the new and original reference points.

Turning now to FIG. 3, in accordance with an exemplary embodiment of theclaimed invention, apparatus 500 for monitoring and calibrating astandard breathalyzer 600 using a user's body as a simulator comprisesan input device 510, a processor 520, a memory 530 and a screen 540. Itis appreciated that the monitoring/calibrating apparatus 500 can be anyprocessor based device, such as a personal digital assistant, a smartphone, a tablet, a laptop, a personal computer, a GPS navigation device,a digital camera and the like. The input device 510, such as a keyboard,touchpad, mouse, buttons and the like, receives information regarding ametabolism rate of the user, type and amount of alcohol consumed by theuser, and a drinking start time. Preferably, the processor 520 of theapparatus 500 provides a list of alcohol types on the screen 540 forselection by the user using the input device 510 and the memory 530stores the selection of the user. The processor 520 determines a maximumalcohol level from the type and amount of the alcohol consumed by theuser. The processor 520 also determines a sample time to receive abreath sample by the breathalyzer 600 from the user based on a time to apredetermined calibration point from the drinking start time calculatedusing the metabolism rate of the user and the maximum alcohol level.Preferably, the processor 520 modifies the sample time by apredetermined lag time, e.g., 5 to 10 minutes, for the alcohol to bepresent in user's circulatory system after the alcohol is consumed bythe user. The processor 520 receives a BAC % measurement taken by thebreathalyzer 600 based on the breath sample provided by the user at thesample time to provide a reference point. Preferably, the processor 520alerts the user at a predetermined time before the sample time toprovide the breath sample to the breathalyzer 600 by an alarm or amessage on the screen 540. The memory 530 stores the reference point foruse as a calibration data by the breathalyzer 600. The screen 540presents the reference point to be inputted by the user into thebreathalyzer 600 to provide a calibration data which is stored in thebreathalyzer 600 and used by the breathalyzer 600 to provide BAC %readings for the breath samples.

In accordance with an exemplary embodiment of the claimed invention, theprocessor 520 of the apparatus 500 can determine the metabolism rate ofthe user based on the maximum alcohol level and BAC % measurements ofthe user's breath samples taken by the breathalyzer 600 over apredetermined period of time, e.g., 1-3 hours, until one or morepredetermined BAC % measurements or calibration points are reached. Theprocessor 520 can alert the user to provide the breath sample to thebreathalyzer 600 at a predetermined interval by an alarm or a message onthe screen 540 until a statistically significant number of measurementsare obtained to determine the metabolism rate of the user.

In accordance with an exemplary embodiment of the claimed invention, anon-transitory computer readable storage medium, such as DVD, CD, memorystick, USB drive, and other known storage device, comprises computerexecutable code for monitoring and calibrating of a breathalyzer 600using a user's body as a simulator. The code comprises instructions forthe processor based device 500 to (1) receive information regarding ametabolism rate of the user, type and amount of alcohol consumed by theuser, and a drinking start time; (2) determine a maximum alcohol levelfrom the type and amount of the alcohol consumed by the user by theprocessor based device 500; (3) determine a sample time to receive abreath sample by the breathalyzer 600 from the user based on a time to apredetermined calibration point from the drinking start time calculatedby the processor based device 500 using the metabolism rate of the userand the maximum alcohol level; (4) receive a BAC % measurement taken bythe breathalyzer 600 based on the breath sample provided by the user atthe sample time to provide a reference point; (5) store the referencevalue/point; and (6) display the reference point to be inputted by theuser into the breathalyzer 600 to provide a calibration data which isstored in the breathalyzer 600 and used by the breathalyzer 600 toprovide BAC % readings for the breath samples.

In accordance with an exemplary embodiment of the invention, thecomputer executable code can be downloaded from a provider's website orweb server 800 via a communications network or Internet, as shown inFIG. 5 or installed from a computer readable storage medium to aprocessor based device 500 to calibrate the standard breathalyzer 600using the user's or operator's body as a simulator. The processor baseddevice 500 can be a personal digital assistant, a cell or smart phone, atablet, a laptop, a personal computer, a GPS navigation device, adigital camera or other comparable devices.

In accordance with an exemplary embodiment of the claimed invention, asshown in FIGS. 1-3, an alcohol testing unit 700 comprises at least thealcohol sensor 200, and a sensor cover 710 comprising a plurality ofholes and an input/output port 720. Additionally, the alcohol testingunit 700 can comprises one or more buttons/pin holes 310 and/or aheating unit 210. The alcohol testing unit 700 communicates with theprocessor based device 500 via the input/output port 720. It isappreciated that input/output port 720 can be any standard computerinterface, such as universal serial bus (USB) connector 720. Although,not shown, the alcohol testing unit 700 can further comprises acommunication unit 730 to wirelessly communicate with the processorbased device 500 over a wireless network, Wi-Fi, Wi-Max, Bluetooth andthe like. The user provides a breath sample to the alcohol testing unit700 by blowing through the sensor cover 710 and onto the alcohol sensor200 positioned behind the sensor cover 710. It is appreciated that thealcohol sensor 200 can be located elsewhere in the alcohol testing unit700 and the user's breath sample can be directed to the alcohol sensor200 via an optional air tube (not shown). The alcohol sensor 200provides the BAC % measurement to the processor based device 500 runninga breathalyzer application/program which can be downloaded onto theprocessor based device 500 from the provider's website/web server 800 orloaded from the non-transitory computer readable storage medium. Thatis, the claimed invention can convert any processor based electronicdevice 500 into a breathalyzer utilizing the alcohol testing unit 700and the breathalyzer application/program. The external alcohol testingunit 700 can be monitored and/or calibrated using the user's body as asimulator as described herein.

In accordance with an exemplary embodiment of the claimed invention, theprocessor based device 500 comprises a built-in or internal alcoholtesting unit 700, thereby eliminating the need to connect (e.g., via awireless or wired connection) the external alcohol testing unit 700 tothe processor based device 500. The processor based device 500 can beutilized both as a breathalyzer and a cell phone, a tablet, a GPSnavigation system, a laptop, a PC, a digital camera, a personal digitalassistant, etc. As shown in FIGS. 1, 2 and 4, the user provides a breathsample to the processor based device 500 through the sensor cover 710and onto the alcohol sensor 200 positioned behind the sensor cover 710.It is appreciated that the alcohol sensor 200 can be located elsewherein the alcohol testing unit 700 and the user's breath sample can bedirected to the alcohol sensor 200 via an optional air tube (not shown).The built-in or internal alcohol testing unit 700 can be calibratedusing the user's body as a simulator as described herein.

In accordance with an exemplary embodiment of the claimed invention, theuser can access and utilize a monitoring/calibration application fromthe provider's website or web server 800 to calibrate the breathalyzerusing a web-enabled client device 500, such as a laptop, a tablet, acell or smart phone, a personal digital assistant, etc. After invokingthe calibration application, using the web-enabled client device 500,the user enters information regarding the user's metabolism rate, typeand amount alcohol consumed by the user, and the drinking start time.Preferably, the web server 800 provides a list of alcohol types to theweb-enabled client device 500 to display on the screen 540 for selectionby the user using the input device 510 of the web-enabled client device500. The user's selection can be stored in the memory of the web-enabledclient device and/or the web server 800. The web-enabled client device500 transmits the entered information to the web server 800 over theInternet.

The web server 800 determines a maximum alcohol level from the type andamount of the alcohol consumed by the user. The web server 800 alsodetermines a sample time to receive a breath sample by the breathalyzer600 from the user based on a time to a predetermined calibration pointfrom the drinking start time calculated using the metabolism rate of theuser and the maximum alcohol level. Preferably, the web server 800modifies the sample time by a predetermined lag time, e.g., 5 or 10minutes, for the alcohol to be present in user's circulatory systemafter the alcohol is consumed by the user. The web server 800 receives aBAC % measurement taken by the breathalyzer 600 based on the breathsample provided by the user at the sample time to provide a referencepoint. Preferably, the web server 800 instructs the web-enabled clientdevice 500 to alert the user at a predetermined time before the sampletime to provide the breath sample to the breathalyzer 600 by an alarm ora message on the screen 540. The memory of the web-enabled client device500 and/or web server 800 stores the reference point for use as acalibration data by the breathalyzer 600. The screen 540 presents thereference point to be inputted by the user into the breathalyzer 600 toprovide a calibration data which is stored in the breathalyzer 600 andused by the breathalyzer 600 to provide BAC % readings for the breathsamples.

The present invention, having been described, will make apparent tothose skilled in the art that the same may be varied in many wayswithout departing from the spirit and scope of the invention. Any andall such modifications are intended to be included within the scope ofthe following claims.

1-20. (canceled)
 21. A breathalyzer, comprising: an alcohol sensor toreceive a breath air sample and measure blood alcohol concentration(BAC) based on the breath sample; a processing unit to determine anaccuracy of the alcohol sensor using a user's body as a simulator in amonitoring mode by receiving a BAC measurement from the alcohol sensorbased on the breath sample provided by the user at a sample time, thesample time determined based on a time to a predetermined calibrationpoint from a drink start time; to determine a reference point from theBAC measurement; and to determine a BAC reading based on the BACmeasurement by the alcohol sensor and pre-stored calibration data in anoperation mode; and a screen to display the BAC reading and otherinformation to the user.
 22. The breathalyzer of claim 21, wherein theprocessing unit modifies the sample time by a predetermined lag time foralcohol to be present in user's circulatory system after alcoholconsumption by the user.
 23. The breathalyzer of claim 21, wherein theprocessing unit alerts the user at a predetermined time before thesample time to provide the breath sample for calibrating the alcoholsensor by an alarm or a message on the screen; and wherein theprocessing unit receives BAC measurements from the alcohol sensor basedon the breath samples provided by the user at a predetermined intervaluntil a statistically significant number of measurements are obtained.24. The breathalyzer of claim 21, wherein the predetermined calibrationpoint is at least one of the following: blood alcohol concentration of0.01 or 0.02.
 25. The breathalyzer of claim 21, wherein the breathalyzeris one of the following: a portable breathalyzer, a coin-operatedbreathalyzer, a key-chain breathalyzer, or a car ignition breathalyzer.26. The breathalyzer of claim 21, wherein the breathalyzer is one of thefollowing processor based device: a tablet, a laptop, a personalcomputer, a cell phone, a GPS navigation device, a digital camera or apersonal digital assistant.
 27. The breathalyzer of claim 21, whereinthe processing units determines the accuracy of the alcohol sensorbefore providing the BAC reading.
 28. Apparatus to determine accuracy ofa breathalyzer, comprising: a processor to determine accuracy of thebreathalyzer using a user's body as a simulator receives a blood alcoholconcentration (BAC) measurement taken from the breathalyzer based on thebreath sample provided by the user at a sample time, the sample timedetermined based on a time to a predetermined calibration point from adrink start time; and to determine a reference point from the BACmeasurement; and a screen to display the reference point to be inputtedby the user as a calibration data into the breathalyzer.
 29. Theapparatus of claim 28, wherein the processor modifies the sample time bya predetermined lag time for alcohol to be present in user's circulatorysystem after alcohol consumption by the user.
 30. The apparatus of claim28, wherein the processor alerts the user at a predetermined time beforethe sample time to provide the breath sample to the breathalyzer by analarm or a message on the screen; and further comprising an input deviceto receive BAC measurements of the breath samples provided to thebreathalyzer by the user at a predetermined interval until astatistically significant number of measurements are obtained.
 31. Theapparatus of claim 30, further comprising a communications unit toprovide a wired or wireless communication with the breathalyzer; andwherein the processor receives BAC measurements from the breathalyzervia the communications unit.
 32. The apparatus of claim 28, wherein thepredetermined calibration point is at least one of the following: bloodalcohol concentration of 0.01 or 0.02.
 33. The apparatus of claim 28,wherein the apparatus is one of the following: a portable breathalyzer,a coin-operated breathalyzer, a key-chain breathalyzer, or a carignition breathalyzer.
 34. The apparatus of claim 28, wherein theapparatus is one of the following processor based device: a tablet, alaptop, a personal computer, a cell phone, a GPS navigation device, adigital camera or a personal digital assistant.
 35. A web-enabled,processor based client device to determine accuracy of a breathalyzer,comprising: a processor to determine accuracy of the breathalyzer usinga user's body as a simulator receives a sample time determined by aprocessor based web server over a communications network, the sampletime determined based on a time to a predetermined calibration pointfrom a drink start time; to receive a blood alcohol concentration (BAC)measurement taken by the breathalyzer based on the breath sampleprovided by the user at the sample time; to transmit the BAC measurementto the web server over the communications network; and to receive areference point determined from the BAC measurement by the web server;and a screen to display the reference point to be inputted by the useras a calibration data into the breathalyzer.
 36. The web-enabled,processor based client device of claim 35, wherein the processor alertsthe user at a predetermined time before the sample time to provide thebreath sample to the breathalyzer by an alarm or a message on thescreen; and further comprising an input device to receive BACmeasurements of the breath samples provided to the breathalyzer by theuser at a predetermined interval until a statistically significantnumber of measurements are obtained.
 37. The web-enabled, processorbased client device of claim 36, further comprising a communicationsunit to provide a wired or wireless communication with the breathalyzer;and wherein the processor receives BAC measurements from thebreathalyzer via the communications unit.
 38. The web-enabled, processorbased client device of claim 35, wherein the processor modifies thesample time by a predetermined lag time for alcohol to be present inuser's circulatory system after alcohol consumption by the user.